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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0722.01 JGG SENATE BILL 98­117

STATE OF COLORADO

BY SENATOR Tanner;

also REPRESENTATIVE Chavez.

LOCAL GOVERNMENT

APPROPRIATIONS

A BILL FOR AN ACT

CONCERNING THE PROVISION OF YOUTH DEVELOPMENT SERVICES, AND, IN CONNECTION THEREWITH, ESTABLISHING THE OFFICE OF YOUTH DEVELOPMENT TO ORGANIZE AND OVERSEE THE CREATION OF COMPREHENSIVE COMMUNITY­BASED YOUTH DEVELOPMENT SERVICES SYSTEMS, AND MAKING AN APPROPRIATION THEREFOR.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Establishes the office of youth development in the department of local affairs, the purpose of which is to organize and oversee comprehensive community­based youth development services systems for at­risk youth. Defines the term "at­risk youth". Specifies that programs and activities developed by a community­based youth development services system shall be directed toward instilling and promoting appropriate social decorum and good citizenship through the provision of certain services and instruction relating to life skills, employment, anti­crime and nonviolent behavior, and scholastic achievement.

Directs the community­based youth development services systems to be implemented and administered through community­based nonprofit or not­for­profit organizations in a format modeled after the 1930's­era "WPA" and "CCC". Specifies that the services shall be available, subject to funding, during the hours of the day and the days of the week when youth are not attending school.

Authorizes the executive director of the department of local affairs to promulgate rules for the implementation of the act.

Establishes the youth development and crime prevention fund. Directs that an amount equal to 10% of the operating budget of the department of corrections be credited to such fund. Directs the executive director of the department of local affairs to work with community­based groups to obtain private funds, grants, gifts, or donations to supplement state funding for the program.

Makes an appropriation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 32 of title 24, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

PART 30

OFFICE OF YOUTH DEVELOPMENT

24­32­3001.  Short title. THIS PART 30 SHALL BE KNOWN AND MAY BE CITED AS THE "YOUTH DEVELOPMENT ACT".

24­32­3002.  Legislative declaration. THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT THE STATE OF COLORADO EXPENDS MILLIONS OF DOLLARS EACH YEAR ON THE COMMITMENT AND INCARCERATION OF JUVENILES THROUGH THE DIVISION OF YOUTH CORRECTIONS. THE GENERAL ASSEMBLY FURTHER RECOGNIZES THAT AFTER SERVING THE REQUIRED PERIOD OF TIME, MANY OF THESE JUVENILES ARE RETURNED TO SOCIETY ONLY TO COMMIT FUTURE CRIMES AGAINST SOCIETY. THE GENERAL ASSEMBLY FINDS THAT SOME OF THE LIMITED STATE RESOURCES OTHERWISE EXPENDED ON THE ADJUDICATION OF JUVENILES AND THEIR INCARCERATION MAY BE BETTER DIRECTED, IN SOME CIRCUMSTANCES, TOWARD POSITIVE EARLY INTERVENTION AND YOUTH CRIME PREVENTION PROGRAMS. SPECIFICALLY, THE GENERAL ASSEMBLY FINDS THAT COMPREHENSIVE COMMUNITY­BASED YOUTH DEVELOPMENT SERVICES AND PROGRAMS GEARED TOWARD DIRECTING YOUTH'S SOCIAL DECORUM, CAREER OPPORTUNITIES, AND OTHER BENEFICIAL ATTRIBUTES SUCH AS GOOD CITIZENSHIP, IMPROVED SCHOLASTIC PERFORMANCE, PARENTING SKILLS AND OTHER LIFE SKILLS, ANTI­CRIME AND NONVIOLENT BEHAVIOR, ENHANCEMENT OF POSITIVE SELF­EXPRESSION, AND POSITIVE PEER RELATIONS WOULD BE BENEFICIAL TO THE YOUTH OF COLORADO AS WELL AS ALL OTHER CITIZENS OF THE STATE OF COLORADO.

(2)  ACCORDINGLY, THE GENERAL ASSEMBLY HEREBY DETERMINES THAT THE ESTABLISHMENT OF AN OFFICE OF YOUTH DEVELOPMENT THAT WOULD DEVELOP COMPREHENSIVE COMMUNITY­BASED YOUTH DEVELOPMENT SERVICES SYSTEMS TO PROMOTE SUCH QUALITIES, SKILLS, AND ATTITUDES IN YOUNG CITIZENS OF THIS STATE WOULD BE BENEFICIAL TO THE STATE OF COLORADO.

24­32­3003.  Definitions.  AS USED IN THIS PART 30, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1)  "AT­RISK YOUTH" MEANS A PERSON WHO IS AT LEAST TEN YEARS OF AGE BUT WHO IS LESS THAN EIGHTEEN YEARS OF AGE AND WHO IS FROM A SINGLE­PARENT HOUSEHOLD, WHO HAS BEEN DETERMINED TO BE DEPENDENT OR NEGLECTED, WHO HAS BEEN ADJUDICATED A JUVENILE DELINQUENT, WHO ABUSES OR HAS ABUSED CONTROLLED SUBSTANCES OR ALCOHOL, WHO IS EXPECTING TO BECOME A PARENT IN THE NEXT NINE MONTHS, WHO IS FAILING SCHOOL, WHO IS A TRUANT OR DROP­OUT FROM SCHOOL, OR WHO IS HOMELESS.

(2)  "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF LOCAL AFFAIRS.

24­32­3004.  Office of youth development ­ establishment ­ purpose ­ community­based youth development services systems. (1)  THERE IS HEREBY CREATED IN THE DEPARTMENT OF LOCAL AFFAIRS AN OFFICE OF YOUTH DEVELOPMENT. THE PURPOSE OF THE OFFICE OF YOUTH DEVELOPMENT SHALL BE TO ORGANIZE AND OVERSEE COMPREHENSIVE COMMUNITY­BASED YOUTH DEVELOPMENT SERVICES SYSTEMS GEARED AT IMPROVING AND PROMOTING GOOD CITIZENSHIP AMONG AT­RISK YOUTH IN LOCAL COMMUNITIES. PROGRAMS AND ACTIVITIES DEVELOPED BY A COMMUNITY­BASED YOUTH DEVELOPMENT SERVICES SYSTEM SHALL BE DIRECTED TOWARD INSTILLING AND PROMOTING APPROPRIATE SOCIAL DECORUM AND GOOD CITIZENSHIP THROUGH:

(a)  THE PROVISION OF OPPORTUNITIES FOR COMMUNITY­BUILDING;

(b)  THE ARTS;

(c)  THE ENHANCEMENT OF EMPLOYMENT OPTIONS;

(d)  THE PROVISION OF JOB AND CAREER COUNSELING AND OPPORTUNITIES;

(e)  THE PROMOTION OF ANTI­GANG BEHAVIOR;

(f)  THE DEVELOPMENT OF POSITIVE SOCIAL BEHAVIOR;

(g)  THE DEVELOPMENT OF LOCAL YOUTH LABOR POOLS;

(h)  THE ENHANCEMENT OF IMPROVED SCHOLASTIC PERFORMANCE THROUGH TUTORING OR OTHER INSTRUCTIONAL OPPORTUNITIES;

(i)  ASSISTANCE TOWARD THE ACHIEVEMENT OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT;

(j)  THE PROVISION OF ANTI­CRIME AND ANTI­VIOLENCE COUNSELING;

(k)  THE PROVISION OF INSTRUCTION ON PARENTING AND OTHER LIFE SKILLS; OR

(l)  SUCH OTHER INSTRUCTION OR SERVICES AS WOULD PROVIDE PRACTICAL SKILL­BUILDING OR OTHERWISE ASSIST THE YOUTH IN ACHIEVING A POSITIVE OUTLOOK FOR THE FUTURE.

(2)  THE COMMUNITY­BASED YOUTH DEVELOPMENT SERVICES SYSTEMS DEVELOPED BY THE OFFICE OF YOUTH DEVELOPMENT SHALL BE IMPLEMENTED AND ADMINISTERED THROUGH COMMUNITY­BASED NONPROFIT OR NOT­FOR­PROFIT ORGANIZATIONS AND SHALL PROVIDE SKILL­BUILDING SERVICES IN A FORMAT MODELED AFTER THE 1930'S­ERA WORKS PROGRESS ADMINISTRATION (WPA) AND THE CIVILIAN CONSERVATION CORPS (CCC).

(3)  SUBJECT TO FUNDING, SUCH SERVICES SHALL BE AVAILABLE LOCALLY TO AT­RISK YOUTH DURING HOURS OF THE DAY AND DAYS OF THE WEEK WHEN YOUTH ARE NOT ATTENDING SCHOOL, SUCH AS AFTER SCHOOL, WEEKENDS, AND DURING EXTENDED BREAKS AND HOLIDAYS.

24­32­3005.  Rules. THE EXECUTIVE DIRECTOR SHALL PROMULGATE SUCH RULES AS MAY BE NECESSARY FOR THE IMPLEMENTATION OF THIS PART 30.

24­32­3006.  Funding youth development and crime prevention fund. (1)  ON OR BEFORE JULY 1, 1999, THE EXECUTIVE DIRECTOR, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, SHALL, SUBJECT TO AVAILABLE MONEYS FROM GENERAL FUNDS AS SPECIFIED IN SUBSECTION (4) OF THIS SECTION AND GRANTS, GIFTS, OR DONATIONS RECEIVED BY THE STATE PURSUANT TO SUBSECTIONS (2) AND (3) OF THIS SECTION, CARRY OUT THE PROVISIONS OF SECTION 24­32­3004.

(2)  THE EXECUTIVE DIRECTOR, OR THE EXECUTIVE DIRECTOR'S DESIGNEE, SHALL WORK WITH COMMUNITY­BASED GROUPS TO OBTAIN PRIVATE FUNDS, GRANTS, GIFTS, OR DONATIONS TO SUPPLEMENT THE FUNDING FOR THE IMPLEMENTATION OF THE YOUTH DEVELOPMENT SERVICES SYSTEMS DESCRIBED IN SECTION 24­32­3004.

(3) (a)  THE EXECUTIVE DIRECTOR IS AUTHORIZED TO ACCEPT ON BEHALF OF THE STATE ANY FUNDS, GRANTS, GIFTS, OR DONATIONS FROM ANY PRIVATE OR PUBLIC SOURCE FOR THE PURPOSE OF IMPLEMENTING THIS PART 30; EXCEPT THAT NO GRANT OR DONATION SHALL BE ACCEPTED IF THE CONDITIONS ATTACHED TO THE GRANT OR DONATION REQUIRE THE EXPENDITURE THEREOF IN A MANNER CONTRARY TO LAW.

(b)  ALL PRIVATE AND PUBLIC FUNDS RECEIVED THROUGH GRANTS, GIFTS, OR DONATIONS FOR YOUTH DEVELOPMENT SERVICES SYSTEMS SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL CREDIT THE SAME TO THE YOUTH DEVELOPMENT AND CRIME PREVENTION FUND, WHICH FUND IS HEREBY CREATED. THE MONEYS IN THE YOUTH DEVELOPMENT AND CRIME PREVENTION FUND SHALL BE SUBJECT TO ANNUAL APPROPRIATION BY THE GENERAL ASSEMBLY FOR THE DIRECT AND INDIRECT COSTS ASSOCIATED WITH THE ADMINISTRATION OF THIS PART 30. THE EXECUTIVE DIRECTOR MAY EXPEND MONEYS APPROPRIATED TO THE DEPARTMENT FROM THE FUND FOR PURPOSES OF IMPLEMENTING AND ADMINISTERING COMMUNITY­BASED YOUTH DEVELOPMENT SERVICES SYSTEMS; EXCEPT THAT GRANTS, GIFTS, AND DONATIONS RECEIVED FROM LOCAL SOURCES SHALL BE EXPENDED ON THE YOUTH DEVELOPMENT SERVICES SYSTEM DEVELOPED IN THE COMMUNITY FROM WHICH THE GRANTS, GIFTS, OR DONATIONS WERE RECEIVED. ALL INVESTMENT EARNINGS DERIVED FROM THE DEPOSIT AND INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED TO THE FUND. ANY MONEYS NOT APPROPRIATED OR EXPENDED SHALL REMAIN IN THE FUND AND SHALL NOT BE TRANSFERRED OR REVERT TO THE GENERAL FUND OF THE STATE AT THE END OF ANY FISCAL YEAR.

(4)  IN ADDITION TO THE FUNDING SOURCES DESCRIBED IN SUBSECTIONS (2) AND (3) OF THIS SECTION, FOR EACH FISCAL YEAR, THE GENERAL ASSEMBLY SHALL APPROPRIATE TO THE YOUTH DEVELOPMENT AND CRIME PREVENTION FUND AN AMOUNT EQUAL TO TEN PERCENT OF THE AMOUNT APPROPRIATED IN THE ANNUAL LONG APPROPRIATIONS ACT TO THE DEPARTMENT OF CORRECTIONS.

SECTION 2.  Appropriation. In addition to any other appropriation, there is hereby appropriated out of any moneys in the general fund not otherwise appropriated, to the department of local affairs, for the fiscal year beginning July 1, 1998, the sum of ___ dollars ($ ) and ___ FTE, or so much thereof as may be necessary, for the implementation of this act.

SECTION 3.  Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.